"(4a) In addition to the privileges specified in subsection (4), an ~fticial ~r nfficc hearer of a registered trade uni~n ur federatiun of trade 18 page 19 LABOUR RELATIONS AMENDMENT unions shall be entitled to take such reasonable paid or unpaid leave dur-ing working hours as may be agreed under a collective bargaining agree-ment for the purpose of enahling the official or office bearer to perform the funetions his office: Provided that if the parties negotiating a collective bargaining agreement fail to agree on the extent of paid or unpaid leave for the pur-poses of this subsection, the matter shall bc referred by an appropriate authority as defined in section one hundred crnd two tn compulsnrr arhi-tration as provided in section ninety-eight.". io 17 Amendment of sectlon 35 of Cap. 28:01 Section 35 of the principal Act is amended(a) by the deletion of "or certified"; ~ (b) by the repeal of paragraph (dj. iB Repeal of sectlons 37 and 38 of Cap. 28:01 Sections 37 and 38 of thp principal Act are repealed. 19 Amendment ot section 40 of Cap. 28:01 Section 40 of the principal Act is amended(a) by the insertion after subsection ( I ) of the following subsections"(la) Subject to this section, if the Minister is satisfied that20 (a) a registered trade union, employers organisation nr federationfi~ has recommended, encouraged or incited, or :, recommending, encouraging or inciting persons tn participate in an unlawful collective job action described in paragraph (b) of the definition of "unlawful collectivejob action"; or ~ (ii) has associated itself with any recommendation, encouragement or incitement referred to in subparagraph (i); or (iii) has orgarised any unlawful ccallective iuh :mn;zm referred to in subparagraph (i); and the unlawful collectivejob action referred to iu ~,~m4;arm (a) has caused or is likely to cause sub~tanr;;il prejudice to the economy of Zimbabwe; the Minister may vary, suspend or reseind the rcyauatrun of the trade union, employees organisation or federation. (lb) Before taking any txction in terms of subsection (la), the Miniwer shall notify the trade union, employers organisation or federa-ftion concerned of his intention to do so and shall give it a reason~ble opportunity to make representations in the matter, ( lc) In the interests of public information and for the us m~u~,nc~ mbt, ii is hereby declared that(a) under section 21 of the Constitution, no law may provide for the compulsory registration of trade unions and employ-ers organisations (and therefore of any federation thereof); 19 page 20 adVantageS OT CegISLr'dllOrl pW nucu uuucmua w , the variation, suspension or rescission of the registration of a trade union, employers organisations or federation in terms of subsection ( 1 a) or any other provision of this Act does not hinder the trade union, employers organisations or fed-eration concemed or its members in their freedom of as-sembly and association, that is to say, their right to assem-ble freely and associate with other persons, and in particu-lar to form or belong to any ttade union or other associa-tion: '; (b) (c) (d) by the repeal of subsection (2); in subsection (3) by the deletion of "or certification" and "or certified"; in subsection (4) by the deletion of "Registrar" and the substitution of "Minister or Registrar, as the case may be,". f section 41 of Ca . 28:01 Amendment o p Section 41 of the principal Act is amended-(a) by the repeal of paragraph (b); (b) in paragraph (c) by the deletion of "or certificatioli'; (c) in subparagraph (iii) by the deletion of "or certified" and "or certii~ed, case may be". 21 Amendment of section 45 of Cap. 28:01 Section 45 of the principal Act is amended(a) e 22